Legal Issues In Policing
Legal Issues in Policing (LIIP) is the podcast blending the demands of the book with the rulings from the bench through the lens of the badge. Police Officers with a solid understanding of the law and their legal powers are more confident, competent and effective. Each episode will examine a legal issue in policing by reviewing current Canadian criminal case law from coast to coast to coast.
Legal Issues In Policing
E131| s. 10(b) implementational delay & failure to communicate.
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In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Dalia, 2025 ONCA 772 where police delayed providing an arrestee access to counsel until a house — the target of a search warrant — was secured. A sergeant expected an officer would learn via police radio when the home was secure and then facilitate access to a lawyer, while the officer was expecting further instruction from the sergeant before doing so. This miscommunication resulted in a s. 10(b) Charter breach. Listen and learn how you might avoid a similar situation.
s. 10(b) Charter — "Everyone has the right on arrest or detention … to retain and instruct counsel without delay and to be informed of that right."
Sentencing decision. (2023 ONSC 2114)
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